FREQUENTLY ASKED QUESTIONS

Transcription

1 FREQUENTLY ASKED QUESTIONS Recruitment / restructuring matters 1. Is this process a TUPE process? 2. Why can t I transfer to the new service in my current post and for Gwynedd to undertake the restructuring afterwards? 3. Who will make the decisions on the slotting in process? 4. What does direct transfer mean? 5. What does slotting in mean? 6. What does prior consideration group mean? 7. Can an individual on secondment be considered for posts within the host authority? 8. What will happen if I do not wish to transfer to the new structure (for those staff members who are not currently Gwynedd Council staff)? 9. Can I appeal if I am unsuccessful following the prior consideration? 10. What will happen to me if I am unsuccessful? 11. Will I have to apply for posts? 12. What will happen if I refuse to apply for posts within a prior consideration group? Will I be made redundant? 13. Can I apply for more than one prior consideration group? Matters Within consideration group 14. What are the criteria used to decide upon which posts are included within the consideration group? 15. Should my current post equate to less than 70% to a post in the new ALN&I Service, would I be entitled to transfer to the new Service? 16. Shouldn t the figure of 70% be reduced to include every post that currently includes any functions within a consideration group? 17. Shouldn t the scoping exercise relate to how eligible a person is to undertake the Voluntary Early Retirement (VER) and Voluntary Redundancy (VR) 18. If my post equates to a post in the new Service, would I still be considered for VER or VR? 19. What are the rights under VER or VR? 20. If I would apply for VER or VR, would that affect my hopes of being appointed to a 21. If I apply for VER or VR, can you provide assurance that it will be approved? 22. If my application for VER or VR is approved, could I be released from my current 1

2 23. I am aware that there are different redundancy terms across Gwynedd and Anglesey which terms will be implemented in this context? Work Locations 24. If I succeed to be appointed to the new Service, where would I be located? Pension Matters 25. Will my pension rights be calculated up to the transfer date? 26. What are the arrangements for pension rights within the new Service? Others 27. What is the timetable for appointing people to the new posts? 28. Who will my employer be at the end of the process? 29. When will the job descriptions be confirmed? 30. Do I need a current job description? 31. I have a full diary and a number of previous commitments; will there be flexibility for my individual meeting? 32. To whom should staff direct their questions initially? 33. Who will be present at the individual meetings and what will their purpose be? 34. What is happening to the TLR / SEN allowance? Three year protection? 35. I have not received a letter inviting me to the initial consultation meeting. Am I still allowed to apply? 36. How can I calculate what my redundancy pay would be? 2

3 Full Responses: Recruitment / restructuring matters 1. Is this process a TUPE process? This situation falls under the TUPE legal regulations. Those regulations relate to ensuring that the terms and conditions of staff that transfer from one employer to another are protected. They also explain to employers how to approach the restructuring of an organisation should that be required. The Education Authorities of Gwynedd and Anglesey have decided to look at the Service with the intention of restructuring elements, with the intention for those changes to become operational on 1 September Practically, therefore, some staff could be transferring on 1 September 2017 under their current employment terms, whilst other members of staff commence work in a new post, and this would mean that they would work under the Gwynedd Council terms of employment immediately. 2. Why can t I transfer to the new service in my current post and for Gwynedd to undertake the restructuring afterwards? Acting this way could lead to further substantial delay before the two counties realise their strategy in this field. Both counties are of the opinion that it would ultimately be better for pupils and staff if the new Service can be created sooner rather than later. 3. Who will make the decisions on the slotting in process? These decisions will be led by the Heads of Education in both counties as well as by the Senior Managers who will be appointed under the new structure. Human Resources will be available to provide advice on the processes associated with this change. 4. What does direct transfer mean? Direct transfers happen in cases where posts continue and where there is no real change in the work or working arrangements. 5. What does slotting in mean? Slotting in happens in cases where circumstances mean that an employee can be slotted into a post that generally equates to their current post (e.g. where 70% or more of the work is similar), and where there is no competition except from those who hold similar posts. 6. What does prior consideration group mean? 3

4 A consideration group is drawn up in cases where it is necessary to restrict to a specific group of staff that does similar work on a similar level, but that is less than the 70% match level as in 5 above before the opportunity is opened up to a broader group. An interview process will be included in this process. back to the top 7. Can an individual on secondment be considered for posts within the host authority? In general, priority for posts within the host authority will be afforded to permanent employees that are directly affected by the emergence of the new Service and who consequently face possible redundancy. Staff on secondment could be considered in exceptional circumstances when appropriate to do so. 8. What will happen if I do not wish to transfer to the new structure (for those staff members who are not currently Gwynedd Council staff)? Your post will disappear off the current structure on 1 September 2017; therefore, it is possible that you will face potential redundancy and place yourself in a situation where you endanger your right to redundancy pay unless you transfer to a post identified for you in the new structure. back to the top 10. Can I appeal if I am unsuccessful following the prior consideration? Under the processes of Gwynedd Council and the Isle of Anglesey Council, a member of staff may appeal if they are of the opinion that they should be included within a specific prior consideration group. 11. What will happen to me if I am unsuccessful? Unless a post will be available to you within the new structure, every effort will be made to identify another suitable post for you. This would be done by holding a regular dialogue with you. If no suitable post is identified for you, then it is possible that you will face redundancy. 12. Will I have to apply for posts? It is possible through the prior consideration group that you will initially be required to confirm your wish to be considered for a post(s). It is very likely that a process of assessment and interview will need to be used in order to fill the prior consideration group posts. The personal situation of each individual will become clearer following the consultation and after making a final decision on the structure. We will make personal contact with each individual in due course in order to explain their personal situation. 4

5 13. What will happen if I refuse to apply for posts within a prior consideration group? Will I be made redundant? It is possible that an individual may refuse being considered for a post, as part of the work of drawing up a prior consideration group, thus placing themselves in a position where they put their right to redundancy pay at risk. We must emphasise that each individual situation will be carefully considered, and that the circumstances must be weighed up in each situation. 14. Can I apply for more than one prior consideration group? Subject to the responsibilities of your current post, and the responsibilities of new posts established within the Service, you may be included in more than one prior consideration group. At the same time, in some circumstances, staff will be entitled to submit an appeal on the grounds that they have not been included in a specific prior consideration group. Matters Within consideration group 15. What are the criteria used to decide upon which posts are included within the consideration group? The responsibilities placed within the personal job description of a staff member will be used as grounds to assess the extent in which that work is similar to what will be expected from new posts on the proposed structure. We will now give closer and more detailed attention to the situation of each individual by consulting with line managers and individual staff members. 16. Should my current post equate to less than 70% to a post in the new ALN&I Service, would I be entitled to transfer to the new Service? It is possible that we will reach a situation where a number of individuals who discover that their current posts equate to less than 70% of a post within the new structure, will transfer. The conclusion of the current consultation will provide firm guidance to this end, and a discussion will be held with each individual regarding their personal situation in due course. 17. Shouldn t the figure of 70% be reduced to include every post that currently includes any functions within a consideration group? Every individual that undertakes 70% or more of the work to be undertaken within the new structure will be transferred, along with a number of other officers who undertake less than 70% of the functions who will be identified as individuals who could transfer. The fact that 5

6 their functions are being transferred does not guarantee a post within the new Service and furthermore, the process of appointing to the posts in the final structure will not commence until everyone within the consideration group has been identified and confirmed. 18. Shouldn t the scoping exercise relate to how eligible a person is to undertake the Currently, we are focusing on including the relevant staff; it is not a selection process at the moment. It is inevitable that the subsequent selection process will include consideration of individuals competencies; however, at present, we are focusing on analysing the job description and the person specification for the proposed posts, rather than the personal characteristics of individual staff. Voluntary Early Retirement (VER) and Voluntary Redundancy (VR) 19. If my post equates to a post in the new Service, would I still be considered for VER or VR? These staff can still be considered for VER and VR. The decision on whether to approve or reject the application will depend on the skills, the knowledge and the experience of the staff that will be transferring, as well as the final requirements of the new Service and the need for the post within the new Service. 20. What are the rights under VER or VR? Staff will retain their current employment terms and conditions until 1 September 2017 at the earliest and this will include VER and VR employment terms. 21. If I would apply for VER or VR, would that affect my hopes of being appointed to a No, because submitting an application for VER or VR will not guarantee that the employer would approve it. Submitting an application for VER or VR will not mean either that you have committed to accept VER or VR. 22. If I apply for VER or VR, can you provide assurance that it will be approved? No, because submitting an application for VER or VR does not guarantee that the employer will approve it. 23. If my application for VER or VR is approved, could I be released from my current This decision will be made by the host authority jointly with the current employer however, it is unlikely that the termination will be operational before 1/9/

7 24. I am aware that there are different redundancy terms across Gwynedd and Anglesey which terms will be implemented in this context? If a member of staff submits an application for voluntary redundancy and that the application is approved, the home authority s redundancy terms will be implemented. Work locations 25. If I succeed to be appointed to the new Service, where would I be located? The locations are yet to be confirmed. It is very possible that there will be more than one location and the Service will seek flexibility to ensure that the entire region is adequately supported. Pension Matters 26. Will my pension rights be calculated up to the transfer date? For the majority, pension rights will remain as they are. Any individual situation regarding pension rights can be directed via to AdolygiadADYaCh@gwynedd.llyw.cymru (Tel: ) for investigation and further attention. 27. What are the arrangements for pension rights within the new Service? For the majority, pension rights will remain as they are. Any individual situation regarding pension rights can be directed via to AdolygiadADYaCh@gwynedd.llyw.cymru (Tel: ) for investigation and further attention. Others 28. What is the timetable for appointing people to the new posts? o Leadership Team to be appointed by Spring 2017 o Posts on the service structure to be filled by May 2017 o The new service to be operational from 1 September Who will my employer be at the end of the process? Gwynedd Council will be the employer of everyone who transfers to the new Service on 1 September When will the job descriptions be confirmed? 7

8 The job descriptions will be confirmed once the model for the Service has been completed and the structure is finalised. The consultation in the context of the proposed structure and associated posts is currently underway and the final documents will be shared as soon as possible once completed. 31. Do I need a current job description? Yes; the home authority should ensure this in order to identify your current duties and responsibilities. If you believe that your job description is inaccurate or out-dated, you should bring this to the attention of your line manager and refer to the issue at the individual meeting. 32. I have a full diary and a number of previous commitments; will there be flexibility for my individual meeting? You will be offered a date and time for the individual meeting in a central location within your current authority area. An element of flexibility will be afforded in the context of these arrangements; however, if we need to meet with you within a specific timetable, you will be informed of this in good time. 33. To whom should staff direct their questions initially? Staff should refer their questions to AdolygiadADYaCh@gwynedd.llyw.cymru (Tel: ) or to their contact point within the home authority. If neither party is able to provide a direct response, your enquiry will be referred to the appropriate officer who will respond to you directly. 34. Who will be present at the individual meetings and what will their purpose be? The HR representative from your local authority, the HR representative of the host authority, and you will be present. It is optional whether you want your line manager and union representative to attend the meeting. The purpose of the meeting is to seek clarity in the context of the duties and responsibilities undertaken, the time spent on these duties and responsibilities along with any specific employment issue concerning the individual, e.g. voluntary early retirement, voluntary redundancy. 35. What is happening to the TLR / SEN allowance? Three year protection? Three year protection will be offered where any change is made to an individual s circumstances where a TLR /SEN allowance currently exists. 8

9 36. I have not received a letter inviting me to the initial consultation meeting. Am I still allowed to apply? As a starting point, we would encourage you to discuss this matter with your current line manager to gain a better understanding. If you feel that you should be included in the consultation, please contact AdolygiadADYaCh@gwynedd.llyw.cymru 37. How can I calculate what my redundancy pay would be? There is a scheme in place that explains redundancy terms and conditions this is often based on age, length of service and your weekly pay. Contact Human Resources in your home authority if you have a further enquiry on this issue. 9